Title V, Military Affairs

(1) Each general and special court-martial shall keep a separate record of the proceedings in each case before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his death, dis…

Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment may not be adjudged by a court-martial or inflicted upon any person subject to this code. The use of irons, single or double, except for the purpose of safe custody…

(1) The punishment which a court-martial may direct for an offense may not exceed such limits as prescribed by this code, but in no instance may a sentence exceed more than ten (10) years for a military offense, nor shall a sentence of death be adjudged. A conviction by general c…

(1) Whenever a sentence of a court-martial, as lawfully adjudged and approved, includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the conv…

(1) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under that person's jurisdiction, the person exercising general court-martial jurisdiction over the command to which t…

(1) A sentence of confinement adjudged by a court-martial, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place authorized by this code. Persons so c…

(1) A court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, shall reduce that member to pay grade E-1, effective on the date of that approval, when it includes: (a) A dishonorable or bad-conduct discharge; or (b) Confinemen…

(1) (a) A court-martial sentence described in paragraph (b) of this subsection shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. The forfeiture pursuant to this article shall take effect on the date determ…

(1) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. (2) A reviewing authority with the power to approve or affirm a finding of guilty may approve or a…

(1) The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence. (2) (a) The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findin…

(1) In each case subject to appellate review under this code, the accused may file with the convening authority a statement expressly withdrawing the right of the accused to an appeal. A withdrawal shall be signed by both the accused and his defense counsel and must be filed in a…

(1) (a) In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following, other than a finding of not guilty with respect to the charge or specification by the members of the court-martial, or by a judge in a bench trial so long as it …

Each rehearing under this code shall take place before a court-martial composed of members who were not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which the accused was found not guilty by the first co…

(1) Each general and special court-martial case in which there has been a finding of guilty shall be reviewed by the senior force judge advocate, or a designee. The senior force judge advocate or designee may not review a case under this subsection if that person has acted in the…

Except as otherwise required by this code, all records of trial and related documents shall be transmitted and disposed of as prescribed by regulation and provided by law.

Final decisions of a court-martial shall be deemed the statutory equivalent of a Circuit Court decision. The appellate procedures to be followed shall be those provided by law for the appeal of criminal cases.

(1) The senior force judge advocate shall detail a judge advocate as appellate government counsel to represent the state in the review or appeal of cases specified in KRS 35.333 and before any federal court when requested to do so by the state Attorney General. Appellate governme…

(1) If the sentence of the court-martial extends to dismissal or a dishonorable or bad- conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn under KRS 35.327, that part of the sentence extending to dismissal or a dish…

(1) Before the vacation of the suspension of a special court-martial sentence, which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alle…

At any time within two (2) years after approval by the convening authority of a court- martial sentence the accused may petition the adjutant general for a new trial on grounds of newly discovered evidence or fraud in the court-martial.

(1) Any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a se…

(1) Under such regulations as may be prescribed, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is …

The appellate review of records of trial provided by this code, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this code, and all dismissals and discharges carried into execution under sentences by courts- martial foll…

convictions. Under regulations prescribed, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this section if the sentence, as approved under KRS 35.326, includes an unsuspended dismissal or an unsuspended dishono…

The determination of lack of mental capacity or mental responsibility shall be determined pursuant to Kentucky state law as well as regulations of the Department of Defense of the United States and the laws of the United States governing the Armed Forces of the United States as r…

Any subject person is a principal who: (1) Commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission; or (2) Causes an act to be done which if directly performed by the person would be punishable by this code.

Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent the person's apprehension, trial, or punishment shall be punished as a court-martial may direct.

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.

(1) An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense. (2) Any person subject to this code who attempts to commit any off…

Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.

(1) Any person subject to this code who solicits or advises another or others to desert in violation of KRS 35.473, or mutiny in violation of KRS 35.577, shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commiss…

Any person shall be punished as a court-martial may direct who: (1) Procures his or her own enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as to his or her qualifications for that enlistment or appointment and re…

Any person subject to this code who effects an enlistment or appointment in or a separation from the state military forces of any person who is known to him or her to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation or orde…

(1) Any member of the state military forces is guilty of desertion who: (a) Without proper authority goes or remains absent from the member's unit, organization, or place of duty with intent to remain away from there permanently; (b) Quits the member's unit, organization, or plac…

Any person subject to this code shall be punished as a court-martial directs who, without authority: (1) Fails to go to the appointed place of duty at the time prescribed; (2) Goes from that place; or (3) Absents himself or herself or remains absent from the unit, organization, o…

Any person subject to this code who through neglect or design misses the movement of a ship, aircraft, or unit with which the person is required in the course of duty to move shall be punished as a court-martial may direct.

Any person subject to this code who uses contemptuous words against the President or the Governor which may detrimentally affect the morale or effectiveness of any unit of the state military forces shall be punished as a court-martial may direct.

Any person subject to this code who behaves with disrespect toward the person's superior commissioned officer shall be punished as a court-martial may direct.

Any person subject to this code who: (1) Strikes the person's superior commissioned officer or draws or lifts up any weapon or offers any violence against the superior commissioned officer while he or she is in the execution of his or her office; or (2) Willfully disobeys a lawfu…

petty officer. Any warrant officer or enlisted member is guilty of any of the following offenses and shall be punished as a court-martial may direct who: (1) Strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution o…

Any person subject to this code shall be punished as a court-martial may direct who: (1) Violates or fails to obey any lawful general order or regulation; (2) Having knowledge of any other lawful order issued by a member of the state military forces, which it is the person's duty…

Any person subject to this code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to the person's orders shall be punished as a court- martial may direct.

(1) Any person subject to this code shall be punished as a court-martial may direct who: (a) With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbanc…

Any person subject to this code shall be punished as a court-martial may direct who: (1) Resists apprehension; (2) Flees from apprehension; (3) Breaks arrest; or (4) Escapes from custody or confinement.

Any person subject to this code who, without proper authority, releases any prisoner committed to his or her charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in…

Any person subject to this code who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.

Any person subject to this code shall be punished as a court-martial may direct who: (1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code; or (2) Knowingly and intentionally fails to enforce or comply with any p…

Any person subject to this code shall be punished as a court-martial may direct who, before or in the presence of the enemy or any hostile force: (1) Runs away; (2) Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his or h…

Any person subject to this code who compels or attempts to compel the commander of the state military forces of the state, or of any other state, place, vessel, aircraft, or other military property, or of any body of members of the Armed Forces, to give it up to an enemy or to ab…

Any person subject to this code who in time of war discloses the parole or countersign to any person not entitled to receive it or who gives to another, who is entitled to receive and use the parole or countersign, a different parole or countersign from that which, to his knowled…